No. 18-6266
Ivan Rivera-Solis v. United States
Response WaivedIFP
Tags: 18-usc-3553a appellate-review circuit-split criminal-sentencing gall-standard gall-v-united-states sentencing-factors sentencing-review standard-of-review substantive-reasonableness
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2018-11-02
Question Presented (AI Summary)
Can appellate courts reweigh sentencing factors under 18 U.S.C. § 3553(a)
Question Presented (OCR Extract)
QUESTIONS PRESENTED L When conducting their substantive reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as the First, Eighth, Ninth, and Eleventh Circuits hold, or does this Court’s decision in Gall v. United States, 552 U.S. 38 (2007), prohibit appellate courts from reweighing the sentencing factors, as the Fifth and Tenth Circuits hold? I. What is the appropriate standard for appellate courts to apply when conducting their substantive reasonableness review of sentences? i
Docket Entries
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-16
Waiver of right of respondent United States to respond filed.
2018-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)
Attorneys
Ivan Rivera-Solis
Scott Andrew Martin — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent